Agenda - Environmental Policy Board - 04/20/2015 - Joint with Planning Comm

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RELEVANT LINKS: Calm Waters, LLCv. Kanabec CountyBd. of Com'rs, 756 N.W.2d716 (Minn. 2008) (applies 60 - Day Rule tolling only to county reviewof subdivisions). Minn. Stat. § 15.99subd. 2(a). Minn. Stat. § 505.03 subd. 2(b). Minn. Stat. § 505.03 subd. 2(b), (c). Calm Waters, LLCv. Kanabec CountyBd. of Com'rs, 756 N.W.2d716 (Minn., 2008) (applies 60 - Day Rule tolling only to county reviewof subdivisions). Minn. Stat. §15.99 subd.2(a). Plats must be submitted to MnDOT at least 30 days prior to the city taking final action on the preliminary plat application. After receiving a plat application for the city, MnDOT has 30 days to respond. The city may not take action on the preliminary plat until comments have been received or 30 days have elapsed. The statute requiring the referral to MnDOT does not provide for tolling of the 120 -Day Rule, while MnDOT considers the application. The general tolling provisions of the 60 -Day Rule for issues related to zoning do not apply. As a result, the city must complete its review of the preliminary application, including any MnDOT review, within 120 days, unless an extension is agreed to by the applicant. b. County roads, highways, and state -aid highways Similar requirements exist for when a preliminary plat includes land that borders an existing or proposed county road, highway, or county state -aid highway. These plats must be submitted to the county engineer for review within five days of receipt by the city for written comments and findings. The county engineer has 30 days to provide written comments on the plat. The city may not take final action on the preliminary plat until comments have been received or 30 days have elapsed. The county engineer's review must be limited to commenting on factors related to the county's officially adopted guidelines for such reviews. When the county engineer has submitted comments, the city must notify the county of its eventual final approval of a preliminary plat within 10 days of such approval. Along with this notice, the city must submit a statement that explains the city's response to the county engineer's written concerns. Where the preliminary plat was not amended or changed to address the county engineer's concerns, state law requires further consultation between the two entities. Prior to approval of the final plat, representatives of the city and county must meet to discuss their differences and agree on whether changes to the plat are appropriate prior to final approval In situations where this conference is necessary, the city should make county approval a formal condition to final plat approval The statute requiring the referral to county engineer does not provide for tolling of the 120 -Day Rule, while the county considers the application. In addition, the general tolling provisions of the 60 -Day Rule for issues related to zoning do not apply, because the 60 -Day Rule statute specifically excepts from its provisions municipal decisions on subdivisions subject to the 120 - day requirement. As a result, the city must complete its review of the preliminary application, including any county review, within 120 days, unless an extension is agreed to by the applicant. League of Minnesota Cities Information Memo: 4/15/2014 Subdivision Guide for aties Page 17